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2023 Supreme(Raj) 480

ANOOP KUMAR DHAND
Bahadur Singh S/o. Shri Hal Ram, (since deceased) through LRs – Appellant
Versus
State of Rajasthan through Inspector General of Police, Ajmer – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vinod Kumar Gupta, Mr. Amit Kumar Gupta.
For the Respondent: Mr. P.S. Naruka for Mr. Rupin Kala, G.C.

JUDGMENT :

1. Challenge in this petition is to the order dated 11.12.2003 by which compulsory retirement has been given to the petitioner. The appeal has also been rejected vide order dated 28.8.2004.

2. The facts in brief, as projected by the petitioner are that he was posted as Constable at Police Station Sadar, Tonk and on 28.12.2001 he remained absent from duty. On 18.1.2002 he along with Four other persons abducted one Gopal son of Bajranga and assaulted him and took his signatures on a stamp paper. For the aforesaid act, Crime No. 14/2002 was registered against him with Police Station Todaraisingh (Tonk) for the offences under Sections 365, 342, 327, 323 and 120-B IPC, and the petitioner was arrested on 15.3.2002. A charge-sheet was issued to him under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short “CCA Rules”) with the additional charge that such act of the petitioner has spoiled the image of Police in the esteem of public.

3. The petitioner submitted reply to the charge-sheet and thereafter domestic enquiry was conducted and statements of the following witnesses were recorded :-

    (i) Ram Singh, Station House Officer, Police Stat

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